You asked for information about state law governing blasting.

SUMMARY

The law gives the Department of Public Safety (DPS) commissioner exclusive jurisdiction over blasting and requires him to regulate the storage, transportation, and use of explosives and blasting agents. It requires anyone storing, transporting, and using explosives to be licensed by DPS. By regulation, local fire marshals are responsible for permitting people to use explosives, subject to the DPS license.

REGULATING EXPLOSIVES AND BLASTING DEVICES

Under the law, the commissioner may enforce reasonable regulations for safely and conveniently storing, transporting, and using explosives and blasting agents used in connection with the explosives. The regulations must address the (1) quantity and character of explosives and blasting agents to be stored, transported, and used; (2) proximity of stored explosives and blasting agents to inhabited dwellings or other occupied buildings, public highways, and railroad tracks; (3) character and construction of suitable magazines for storage; (4) protective measures to secure the stored explosives and blasting agents; and (5) abatement of any hazard that may arise due to the storage, transportation, or use of the explosives and blasting agents (CGS § 29-349).

Licenses

An applicant for a license must pay $ 50 and submit evidence of good moral character and competence in controlling and handling live explosives. The license to use explosives must show both the fingerprints of the licensee, which the DPS commissioner must obtain at the time of licensing, and the licensee's photograph. Each license is valid for one year from issuance, unless revoked or suspended, and may be renewed annually for a $ 30 fee. The commissioner must require any license applicant to submit to state and national criminal history record checks (CGS § 29-349(b) and (c)).

Permits

Under the regulations, a local fire marshal may issue a permit for purchasing, transporting, or using explosives when (1) the applicant shows him a license from DPS and (2) he is satisfied that the applicant's identity is authentic and the use of the explosives is clear. The local fire marshal cannot issue a permit for any magazine not meeting the minimum specifications the regulations require. Local fire marshals must keep a copy of each permit they issue and must immediately forward a copy to the state fire marshal. They must immediately notify the state fire marshal if they refuse to issue a permit. Whenever a Local Fire Marshal finds evidence of an explosives regulation violation, he must immediately inform the state fire marshal (Conn. Agencies Reg. §§ 29-349-108 to -112).

Blasting Sites

The regulations require the explosives user to keep a detailed log of all blasts. Only the permit holder or a person under his direct supervision who is at least age 21 may handle explosives. The person conducting the blasting must use reasonable precautions, such as warning signals, flags, and barricades, and must use special precautions to confine the blast if it is conducted near a congested area or highway. If there is a possibility of property damage or complaints from property owners, the user must provide approved seismic instrumentation to measure the ground vibration. The state fire marshal may also order the use of this equipment. If the person is blasting near a public utility, he must notify the utility and the local fire marshal at least 24 hours beforehand (Conn. Agencies Reg. §§ 29-349-203 to -252).

The regulations prohibit smoking and open flames at the blasting site and blasting when the explosives user is under the influence of drugs or liquor. The state or local fire marshal must give approval for blasting on Sundays. If the blastor is using an electrically operated detonator, he must follow special warning and operation procedures. The regulations also specify in detail the manner of using fuses, blasting caps, lead wires, and cartridges.

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